S T A T E O F N E W Y O R K
________________________________________________________________________
4364
2021-2022 Regular Sessions
I N A S S E M B L Y
February 3, 2021
___________
Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to authorizing party
designations and nominations for elections to be made via video
conference; and providing for the repeal of such provisions upon expi-
ration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 15-108 of the election law is amended by adding a
new subdivision 11 to read as follows:
11. ALL PARTY DESIGNATIONS AND NOMINATIONS PURSUANT TO THIS ARTICLE,
EXCEPT FOR A PRIMARY ELECTION, MAY BE MADE IN WHOLE OR IN PART VIA VIDEO
CONFERENCE UPON AT LEAST SEVENTY-TWO HOURS NOTICE TO THE MEMBERS OF THE
RESPECTIVE COMMITTEE BY MAIL, AN APPROPRIATELY TITLED EMAIL, TEXT OR
TELEPHONE CALL AT AN ADDRESS OR NUMBER EXPRESSLY PROVIDED IN WRITING FOR
THE PURPOSE OF RECEIVING SUCH NOTICES. SUCH NOTICE MUST INCLUDE
INSTRUCTIONS TO PARTICIPANTS ON HOW TO ACCESS THE MEETING BY SUCH VIDEO
CONFERENCE. WHERE THE MEETING IS HELD IN WHOLE OR IN PART VIA VIDEO
CONFERENCE, THE PRESIDING OFFICER SHALL AFFORD A FAIR AND APPROPRIATE
OPPORTUNITY FOR PERSONS ELIGIBLE TO ATTEND TO LISTEN, HEAR, AND BE
HEARD, IN A MANNER SIMILAR TO THAT WHICH WOULD BE AFFORDED IF THE MEET-
ING WERE HELD IN PERSON. CERTIFICATES OF DESIGNATION OR NOMINATION,
MINUTES, AUTHORIZATIONS AND/OR ACCEPTANCES MAY BE EXECUTED IN SEPARATE
ACTS BY THE SIGNATORIES THERETO AND WHERE ACKNOWLEDGEMENTS OR OATHS ARE
REQUIRED, THEY MAY BE PERFORMED OR ADMINISTERED REMOTELY AND PURSUANT TO
EXECUTIVE ORDER 202.7 OF 2020 ALLOWING NOTARIZATIONS TO BE PERFORMED
USING COMMUNICATION TECHNOLOGY.
§ 2. Section 6-202 of the election law is amended by adding a new
subdivision 6 to read as follows:
6. ALL PARTY DESIGNATIONS AND NOMINATIONS PURSUANT TO THIS TITLE,
EXCEPT FOR A PRIMARY ELECTION, MAY BE MADE IN WHOLE OR IN PART VIA VIDEO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09382-02-1
A. 4364 2
CONFERENCE UPON AT LEAST SEVENTY-TWO HOURS NOTICE TO THE MEMBERS OF THE
RESPECTIVE COMMITTEE BY MAIL, AN APPROPRIATELY TITLED EMAIL, TEXT OR
TELEPHONE CALL AT AN ADDRESS OR NUMBER EXPRESSLY PROVIDED IN WRITING FOR
THE PURPOSE OF RECEIVING SUCH NOTICES. SUCH NOTICE MUST INCLUDE
INSTRUCTIONS TO PARTICIPANTS ON HOW TO ACCESS THE MEETING BY SUCH VIDEO
CONFERENCE. WHERE THE MEETING IS HELD IN WHOLE OR IN PART VIA VIDEO
CONFERENCE, THE PRESIDING OFFICER SHALL AFFORD A FAIR AND APPROPRIATE
OPPORTUNITY FOR PERSONS ELIGIBLE TO ATTEND TO LISTEN, HEAR, AND BE
HEARD, IN A MANNER SIMILAR TO THAT WHICH WOULD BE AFFORDED IF THE MEET-
ING WERE HELD IN PERSON. CERTIFICATES OF DESIGNATION OR NOMINATION,
MINUTES, AUTHORIZATIONS AND/OR ACCEPTANCES MAY BE EXECUTED IN SEPA-
RATE ACTS BY THE SIGNATORIES THERETO AND WHERE ACKNOWLEDGEMENTS OR OATHS
ARE REQUIRED, THEY MAY BE PERFORMED OR ADMINISTERED REMOTELY AND
PURSUANT TO EXECUTIVE ORDER 202.7 OF 2020 ALLOWING NOTARIZATIONS TO BE
PERFORMED USING COMMUNICATION TECHNOLOGY.
§ 3. Section 6-100 of the election law is amended to read as follows:
§ 6-100. Nominations and designations; generally. 1. Nomination and
designation of candidates for election to public office or party posi-
tion are governed by this article.
2. ALL PARTY DESIGNATIONS AND NOMINATIONS, EXCEPT FOR A PRIMARY
ELECTION, MAY BE MADE AT A MEETING HELD IN WHOLE OR IN PART VIA VIDEO
CONFERENCE UPON AT LEAST SEVENTY-TWO HOURS NOTICE TO THE MEMBERS OF THE
RESPECTIVE COMMITTEE BY MAIL, AN APPROPRIATELY TITLED EMAIL, TEXT OR
TELEPHONE CALL AT AN ADDRESS OR NUMBER EXPRESSLY PROVIDED IN WRITING FOR
THE PURPOSE OF RECEIVING SUCH NOTICES. SUCH NOTICE MUST INCLUDE
INSTRUCTIONS TO PARTICIPANTS ON HOW TO ACCESS THE MEETING BY SUCH VIDEO
CONFERENCE. WHERE THE MEETING IS HELD IN WHOLE OR IN PART VIA VIDEO
CONFERENCE, THE PRESIDING OFFICER SHALL AFFORD A FAIR AND APPROPRIATE
OPPORTUNITY FOR PERSONS ELIGIBLE TO ATTEND TO LISTEN, HEAR, AND BE
HEARD, IN A MANNER SIMILAR TO THAT WHICH WOULD BE AFFORDED IF THE MEET-
ING WERE HELD IN PERSON. CERTIFICATES OF DESIGNATION OR NOMINATION,
MINUTES, AUTHORIZATIONS AND/OR ACCEPTANCES MAY BE EXECUTED IN SEPARATE
ACTS BY THE SIGNATORIES THERETO AND WHERE ACKNOWLEDGEMENTS OR OATHS ARE
REQUIRED, THEY MAY BE PERFORMED OR ADMINISTERED REMOTELY AND PURSUANT
TO EXECUTIVE ORDER 202.7 ALLOWING NOTARIZATIONS TO BE PERFORMED USING
COMMUNICATION TECHNOLOGY.
3. NOTWITHSTANDING ANY PROVISIONS OF LAW OR A PARTY'S RULES TO THE
CONTRARY, PROXY VOTING AT ANY PARTY CAUCUS, PARTY MEETING OR PARTY
CONVENTION HELD PURSUANT TO THIS CHAPTER HELD IN THE YEAR TWO THOUSAND
TWENTY-ONE SHALL BE PERMITTED. EXCEPT WHERE A GREATER NUMBER IS PERMIT-
TED BY A PARTY COMMITTEE'S RULES, ANY PERSON ELIGIBLE TO ATTEND AND VOTE
AT SUCH A MEETING MAY HOLD UP TO TEN PROXIES. A PROXY STATEMENT MAY BE
IN THE FORM PRESCRIBED BY THE PARTY'S RULE OR AS ACCEPTED IN THE PAST BY
THE PARTY ENTITY OR MAY BE SUBSTANTIALLY AS FOLLOWS: "I, A MEMBER OR
ELIGIBLE VOTER OF (STATE NAME OF PARTY CAUCUS, PARTY MEETING OR PARTY
CONVENTION), DO HEREBY GIVE MY PROXY AUTHORIZATION TO (STATE NAME OF
PROXY HOLDER) WHO SHALL BE AUTHORIZED TO VOTE IN MY STEAD AT THE MEETING
TO BE HELD ON (DATE) AND ANY ADJOURNED DATE THEREOF." ANY PROXY GRANTED
HEREUNDER SHALL BE REVOCABLE IN A WRITING PROVIDED TO THE SECRETARY OR
CHAIR OF THE PARTY ENTITY OR BY THE ATTENDANCE OF THE PROXY GRANTOR AT
THE MEETING.
§ 4. This act shall take effect immediately and shall expire and be
deemed repealed December 31, 2021.